Western District of Tennessee. Five Chester County Residents Indicted in Federal Court on Firearm Charges

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United States Attorney Lawrence J. Laurenzi Western District of Tennessee FOR IMMEDIATE RELEASE JORDON CONTACT: LEIGH ANNE PHONE: (901) 5444231 www.usdoj.gov/usao/tnw FAX: (901) 544 4230 Five Chester County Residents Indicted in Federal Court on Firearm Charges Individuals Indicted for Their Role in the Illegal Sale and Distribution of Firearms

Jackson, Tennessee Carolyn Cherry, 54, Donald Adair Cherry, 81, Donald Floyd Cherry, 54, Romie Gray, 34, and Terenda Thomas, 38, all of Chester County, Tennessee were indicted today by a Federal Grand Jury on various violations of federal firearms statutes announced Lawrence J. Laurenzi, United States Attorney for the Western District of Tennessee, Nathaniel Jones, Resident Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, James Esposito, Supervisory Special Agent of U. S. Customs and Border Protection Air and Marine Division, Mark Gwyn, Director of the Tennessee Bureau of Investigation, Mark Luttrell, Sheriff of Shelby County, and Blair Weaver, Acting Sheriff of Chester County, Richard Staples, Chief of the Jackson Police Department, and Tommy Davis, Chief of the Henderson Police Department. The five defendants were charged in a 16 count indictment. The indictment alleges that Carolyn Cherry and Donald Floyd Cherry aided and abetted each other to assist Donald Floyd Cherry, who is a previously convicted felon, in the acquisition and illegal possession of over 150 firearms. They are both also charged with the possession of prohibited weapons, including Uzi type Machine Guns. Donald Floyd Cherry is additionally charged with being a felon in possession of ammunition. If convicted, Carolyn Cherry faces up to 20 years in federal prison and Donald Floyd Cherry faces up to 40 years in prison. Terenda Thomas and Romie Gray are charged with being felons in possession of firearms, including Uzi type Machine Guns, and for aiding and abetting each other, on several occasions, in the sale and distribution of firearms to an individual who they knew was also a previously convicted felon. If convicted Thomas faces up to 30 years in federal prison and Gray faces up to 90 years in prison. Donald Adair Cherry was charged in one count as being a previously convicted felon in possession of several firearms. The count carries a penalty of up to 10 years in federal prison. This case stemmed from a two month undercover investigation where, according to a Complaint filed earlier in federal court, on several occasions an undercover ATF agent bought from Romie Gray, firearms,which Gray had acquired from the residence of Carolyn and Donald Floyd Cherry. In the execution of a federal search warrant, approximately 195 weapons, six of which were prohibited weapons, 125,000 rounds of ammunition, $8000 in cash, six smoke grenades, and 12 suspected silencers were seized. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, U. S. Customs and Border Patrol Air and Marine Division, the Tennessee Bureau of Investigation, Chester County Sheriff s Office, Henderson Police

Department, and the Jackson Police Department. Assistant United States Attorney James Powell is handling the case for the government.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) Cr. No. ) v. ) ) 18 U.S.C. 922(g) CAROLYN CHERRY, ) 18 U.S.C. 922(o) DONALD ADAIR CHERRY, ) 18 U.S.C. 924(a) DONALD FLOYD CHERRY, ) ROMIE GRAY, and ) TERENDA THOMAS, ) ) Defendants. ) ) THE GRAND JURY CHARGES: I N D I C T M E N T COUNT 1 Between on or about February 8, 2007, and July 7, 2009 in the Western District of Tennessee, the defendants, CAROLYN CHERRY and DONALD FLOYD CHERRY each, aided and abetted by the other, did commit an offense in violation of Title 18, United States Code, Section 922(g), by DONALD FLOYD CHERRY, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly

possessing and receiving a firearm which had been shipped and transported in interstate commerce, that is described as a: 1. Advanced Armaments Co., model Pilot,.22 caliber silencer, bearing serial number SA6357; 2. S.W.D. Inc., model M11A1,.380 caliber machine gun, bearing serial number 853800725; 3. Special Technologies Group, Inc., AWC Systems Technology, model Agenda Six,.380 caliber silencer, bearing serial number 070468; 4. C.Q.S., Any Other Weapon, Mossberg, 20 gauge shortbarreled shotgun, bearing serial number R840358; 5. Advanced Armament, model Phantom, 9mm caliber silencer, bearing serial number SA3353; 6. Special Technologies Group, Inc., AWC Systems Technology, model MK9,.45 caliber silencer, bearing serial number 061387; 7. Auto Military Armament Corp., model M10,.45 caliber machine gun, bearing serial number 13006678; 8. Coastal Gun, Inc., model Passport,.22 caliber silencer, bearing serial number P22070009; 9. Coastal Gun, Inc., model M.I.M.S.,.9 mm caliber silencer, bearing serial number M93068; in violation of Title 18, United States Code, Sections 922(g), 924(a)(2), and 2(a). 2

release; however, if found to have three prior violent felony or serious drug offense convictions, then nlt 15 yrs, nmt $250,000 fine, or both, nmt 5yrs supervised release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 2 On or about July 7, 2009, in the Western District of Tennessee, the defendant, CAROLYN CHERRY did knowingly possess an Uzi type, 9 mm caliber machinegun, in violation of Title 18, United States Code, Sections 922(o) and 924(a)(2). release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 3 On or about May 27, 2009, in the Western District of Tennessee, the defendant, TERENDA THOMAS having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess and receive a firearm which had been shipped and transported in interstate commerce, that is described as a MAADI, 7.62 caliber rifle, and a ITM Arms Co., 7.62 caliber rifle, in violation of Title 18, United States Code, Section 922(g), and 924(a)(2). 3

release; however, if found to have three prior violent felony or serious drug offense convictions, then nlt 15 yrs, nmt $250,000 fine, or both, nmt 5yrs supervised release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 4 On or about May 27, 2009, in the Western District of Tennessee, the defendant, ROMIE GRAY having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess and receive a firearm which had been shipped and transported in interstate commerce, that is described as a MAADI, 7.62 caliber rifle, and a ITM Arms Co., 7.62 caliber rifle, in violation of Title 18, United States Code, Section 922(g),and 924(a)(2). release; however, if found to have three prior violent felony or serious drug offense convictions, then nlt 15 yrs, nmt $250,000 fine, or both, nmt 5yrs supervised release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 5 On or about May 27, 2009, in the Western District of Tennessee, the defendants, TERENDA THOMAS 4

and ROMIE GRAY each aided and abetted by the other, knowingly sold and disposed a firearm, more specifically described as a MAADI, 7.62 caliber rifle, and a ITM Arms Co., 7.62 caliber rifle, to an individual, knowing and having reasonable cause to believe that said individual had been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of Title 18, United States Code, Sections 922(d) and 924(a)(2). release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 6 On or about June 10, 2009, in the Western District of Tennessee, the defendant, ROMIE GRAY having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess and receive a firearm which had been shipped and transported in interstate commerce, that is described as a KelTec,.40 caliber pistol, and a Ruger,.357 caliber revolver, in violation of Title 18, United States Code, Section 922(g),and 924(a)(2). release; however, if found to have three prior violent felony or serious drug offense convictions, then nlt 15 yrs, nmt $250,000 fine, or both, nmt 5yrs supervised release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 5

(a)]. COUNT 7 On or about June 10, 2009, in the Western District of Tennessee, the defendants, TERENDA THOMAS and ROMIE GRAY each aided and abetted by the other, knowingly sold and disposed a firearm, more specifically described as a KelTec,.40 caliber pistol, and a Ruger,.357 caliber revolver, to an individual, knowing and having reasonable cause to believe that said individual had been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of Title 18, United States Code, Sections 922(d), and 924(a)(2). release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 8 On or about June 15, 2009, in the Western District of Tennessee, the defendant, ROMIE GRAY did knowingly possess an Uzi type, 9 mm caliber machinegun, bearing serial number 9472730, in violation of Title 18, United States Code, Sections 922(o) and 924(a)(2). 6

release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 9 On or about June 23, 2009, in the Western District of Tennessee, the defendant, ROMIE GRAY did knowingly possess an Uzi type, 9 mm caliber machinegun, bearing serial number 8755182,in violation of Title 18, United States Code, Sections 922(o) and 924(a)(2). release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 10 On or about June 26, 2009, in the Western District of Tennessee, the defendant, ROMIE GRAY having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess and receive a firearm which had been shipped and transported in interstate commerce, that is described as a Glock, model 17.9mm caliber pistol, and a Glock, model 26,.9mm caliber pistol, in violation of Title 18, United States Code, Section 922(g),and 924(a)(2). release; however, if found to have three prior violent felony or serious drug offense convictions, then nlt 15 yrs, nmt $250,000 fine, or both, nmt 5yrs supervised release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. 7

COUNT 11 On or about July 7, 2009, in the Western District of Tennessee, the defendant, ROMIE GRAY having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess and receive a firearm which had been shipped and transported in interstate commerce, that is described as a Essential Arms Co.,.223 caliber rifle, bearing serial number 4451, in violation of Title 18, United States Code, Section 922(g),and 924(a)(2). release; however, if found to have three prior violent felony or serious drug offense convictions, then nlt 15 yrs, nmt $250,000 fine, or both, nmt 5yrs supervised release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 12 On or about July 7, 2009, in the Western District of Tennessee, the defendant, ROMIE GRAY having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess and receive a firearm which had been shipped and transported in interstate commerce, that is described as a 1. Essential Arms Co.,.223 caliber rifle, bearing serial number 56426; 8

2. Glock.40 caliber pistol; 3. Savage Stevens,.410 gauge shotgun; 4. Marlin,.22 caliber rifle; 5. H & R,.3030 caliber rifle; 6. Winchester, 12 gauge shotgun; 7. Winchester,.3006 caliber rifle; in violation of Title 18, United States Code, Section 922(g),and 924(a)(2). release; however, if found to have three prior violent felony or serious drug offense convictions, then nlt 15 yrs, nmt $250,000 fine, or both, nmt 5yrs supervised release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 13 On or about July 7, 2009, in the Western District of Tennessee, the defendant, DONALD ADAIR CHERRY having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess and receive a firearm which had been shipped and transported in interstate commerce, that is described as a 1. Ruger,.44 caliber revolver; 2. Colt,.45 caliber pistol; 3. KelTec,.32 caliber pistol; 9

in violation of Title 18, United States Code, Section 922(g),and 924(a)(2). release; however, if found to have three prior violent felony or serious drug offense convictions, then nlt 15 yrs, nmt $250,000 fine, or both, nmt 5yrs supervised release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 14 Between on or about December 1, 2008 and July 7, 2009, in the Western District of Tennessee, the defendant, DONALD FLOYD CHERRY having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess and receive ammunition which had been shipped and transported in interstate commerce, that is described as numerous rounds of Remington Arms Co., Inc., ammunition bearing various head stamp markings CJ92" and TCW 223 Rem and 223 Rem Wolf in violation of Title 18, United States Code, Section 922(g),and 924(a)(2). release; however, if found to have three prior violent felony or serious drug offense convictions, then nlt 15 yrs, nmt $250,000 fine, or both, nmt 5yrs supervised release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 15 On or about July7, 2009, in the Western District of Tennessee, the defendant, 10

DONALD FLOYD CHERRY having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess and receive a firearm which had been shipped and transported in interstate commerce, that is described as a: 1. Essential Arms Co.,.223 caliber rifle, serial number 4451; 2. Essential Arms Co.,.223 caliber rifle, serial number56426; 3. Glock GMBH,.40 caliber pistol; 4. Savage, Stevens,.410 gauge shotgun; 5. Marlin Firearms Co.,.22 caliber rifle; 6. Harrington & Richardson, Inc.,.3030 caliber rifle; 7. Winchester, 12 gauge shotgun; 8. Winchester,.3006 caliber rifle; 9. Essential Arms Co.,.223 caliber rifle, serial number EA58302; 10. C.Z. (Ceska Zbrojovka),.40 caliber pistol, serial numbera5386x; 11. Glock, 9mm caliber pistol, serial number FDF293; 12. Glock, 9mm caliber pistol, serial number EIEM749; 13. Glock,.45 caliber pistol, serial numberfuc446; 14. Mossberg, 20 gauge shotgun, serial number R840358; 15. Webley & Scott,.45 caliber revolver, serial number 318605; 16. Pac West Arms.,.556 caliber rifle, serial number 21218; 17. Beretta, Pietro, 9mm caliber pistol, serial number D18484Z; 18. Ruger,.44 caliber revolver, serial number 50179523; 11

19. Kriegeskorte,.22 caliber rifle, serial number 315616; 20. Kimber,.45 caliber pistol, serial number K164064; 21. Bryco Arms, 9mm caliber pistol, serial number 814502; 22. Echasa (Enchave y Arizmendi),.32 caliber pistol, serial number 31981; 23. Harrington & Richardson,.32 caliber revolver, serial number AX057307; 24. Smith & Wesson,.357 caliber revolver, serial number AEE5602; 25. F.E.G., 9mm caliber pistol,b98698; 26. Smith & Wesson,.38 caliber revolver, serial number 65612; 27. Winchester,.22 caliber rifle, serial number 2304041A; 28. Beretta, Pietro,.22 caliber pistol, serial number F25645; 29. Savage Arms, Inc.,.22 caliber rifle, serial number 0054462; 30. Mauser, 7.65mm caliber pistol, serial number 306507; 31. New England Westinghouse,.308 caliber rifle, serial number 992893; 32. Kimber,.338 caliber rifle, serial number KNRA71004; 33. Universal Firearms Corp.,.308 caliber rifle, serial number 160165; 34. Winchester,.308 caliber rifle, serial number G2136228; 35. Smith & Wesson,.32 caliber revolver, serial number 671334; 36. Deutsche Waffen & Munitions Fabriken, 9mm caliber pistol, serial number 570; 37. Smith & Wesson,.38 caliber revolver, serial number CJY1025; 38. Beretta, Pietro, 12 gauge shotgun, serial number T35261E; 39. Walther,.22 caliber pistol, serial number 73926C; 40. Savage Arms, Inc.,.223 caliber rifle, serial number G594384; 41. Walther, 7.65mm caliber pistol, serial number 187417P; 12

42. Harrington & Richardson, Inc., 12 gauge shotgun, serial number AT346336; 43. Savage Arms, Inc., 7mm caliber rifle, serial number E977065; 44. Hartford Arms,.22 caliber pistol, serial number 506; 45. American Derringer Corporation,.357 caliber derringer, serial number127262; 46. Harrington & Richardson, Inc.,.32 caliber pistol, serial number 23502; 47. Remington Arms Company, Inc.,.2506 caliber rifle, serial number S6243719; 48. Landmann,.22 caliber rifle, serial number12114; 49. Remington Arms Company, Inc., 20 gauge shotgun, serial number A326239; 50. ParaOrdnance Mfg., Inc.,.40 caliber pistol, serial number SJ3614; 51. Remington Arms Company, Inc.,.270 caliber rifle, serial number B8341635; 52. Essential Arms, Inc.,.223 caliber rifle, serial number 59599; 53. Savage Arms, Inc.,.308 caliber rifle, serial number G742277; 54. Argentina,.9mm caliber pistol, serial number 85510; 55. Remington Arms Company, Inc., 20 gauge shotgun, serial number D660621U; 56. Kriegeskorte,.308 caliber rifle, serial number 121942; 57. Thompson/Center Arms Co., Inc.,.45 caliber rifle, serial number 45028; 58. Mossberg, 12 gauge shotgun, serial number UM 459042; 59. Ruger,.22 caliber rifle, serial number 23801172; 60. Olympic Arms, Inc.,.223 caliber rifle, serial number X3372; 61. Winchester, 7mm caliber rifle, serial number G2374119; 62. Colt s Manufacturing Co., Inc.,.357 caliber, serial number 66813J; 63. Savage Arms, Inc.,.308 caliber pistol, serial number F365509; 64. Savage Arms, Inc.,.223 caliber rifle, serial number F508981; 13

65. Winchester,.22 caliber rifle, serial number 108078; 66. Tanfoglio,.10mm caliber pistol, serial number EA28450; 67. Marlin Firearms Company,.22 caliber rifle, serial number 03394971; 68. Remington Arms Company, Inc., 7mm caliber rifle, serial number A6681654; 69. KelTec, CNC Industries, Inc., 40 caliber rifle, serial number E1275; 70. Kimber,.45 caliber pistol, serial number KR03356; 71. Franchi, 20 gauge shotgun, serial number 23005; 72. Marlin Firearms Company, 35 caliber rifle, serial number 25093551; 73. Winchester,.22 caliber rifle, serial number 4018; 74. New England Firearms, 12 gauge shotgun, serial number NH398669; 75. Colt s Manufacturing Co., Inc., model Pen Gun, no serial number; 76. Glock,.45 caliber pistol, serial number LDY881; 77. New England Firearms, 12 gauge shotgun, serial number NX520365; 78. High Standard.22 caliber pistol, serial number 190488; 79. Kimber,.308 caliber rifle, serial number C00094; 80. Norinco, 7.62mm caliber rifle, serial number A23046154; 81. Marlin Firearms Co.,.44 caliber rifle, serial number 17009902; 82. Winchester,.45 caliber rifle, serial number65923; 83. Glock,.45 caliber pistol, serial number AEX295; 84. Beretta,.22 caliber pistol, serial number BBS40331U; 85. Ruger,.22 caliber pistol, serial number 407541; 86. Remington Arms Co., Inc.,.2520 caliber rifle, serial number 23174; 87. Beretta,.380 caliber pistol, serial number RC42630; 14

88. Thompson/Center Arms Co.,.45 caliber rifle, serial number 45027; 89. Winchester, 12gauge shotgun, serial number L563154; 90. C.Z. (Ceska Zbrojovka), 17 caliber rifle, serial number 842354; 91. Dan Wesson Firearms,.357 caliber pistol, serial number 285464; 92. Astra, 9mm caliber pistol, serial number 1179623; 93. Marlin Firearms Co.,.22 caliber rifle, serial number AB22384; 94. Kahr Arms,.45 caliber pistol, serial number SD1444; 95. Remington Arms Co., Inc.,.45 caliber pistol, serial number 2427373 96. KelTec, CNC Industries, Inc.,.32 caliber pistol, serial number 119353; 97. Kahr Arms,.45 caliber pistol, serial number SD2803; 98. Beretta, 9mm caliber pistol, serial number 880482; 99. Springfield Armory, Geneseo, IL.,.30 caliber rifle, serial number 3717404; 100. Savage, Stevens,.308 caliber rifle, serial number G803107; 101. F.E.G., 9mm caliber pistol, serial number L012123 ; 102. Glock, 9mm caliber pistol, serial number EFX179; 103. Anschutz,.22 caliber rifle, serial number 723807; 104. Winchester,.44 caliber rifle, serial number 412876B; 105. Colt s Manufacturing Co., Inc.,.45 caliber pistol, serial number 885585; 106. Advanced Armament Co., 9mm caliber silencer, serial number SA3353; 107. Ruger,.22 caliber pistol, serial number 22424506; 108. Savage,.308 caliber rifle, serial number F682105; 109. Ruger,.45 caliber revolver, serial number 55236764; 110. Heckler & Koch,.45 caliber pistol, serial number 25035350; 15

111. Thompson/Center Arms Co.,.3030 caliber pistol, serial number 81700; 112. Savage,.410 gauge shotgun, no serial number available; 113. Colt s Manufacturing Co., Inc., 9mm caliber pistol, serial number AOC40102; 114. Walther,.22 caliber pistol, serial number L149263; 115. Hesse, Ltd., 7.62mm caliber machine gun, serial number 93094; 116. Heckler & Koch, 9mm caliber pistol, serial number49322; 117. Ruger,.22 caliber pistol, serial number 1830680; 118. Ruger,.40 caliber pistol, serial number 30730700; 119. Passport, sound suppressor, serial number P22070009; 120. F. N. (F.N. Herstal),.3006 caliber rifle, serial number 21852; 121. Colt s Manufacturing Co., Inc., 10mm caliber pistol, serial number JPE101116; 122. Ruger,.22 caliber pistol, serial number 1806074; 123. Heckler & Koch, 9mm caliber rifle, serial number 5447; 124. Winchester,.30 caliber rifle, serial number 1013615 125. Winchester,.3006 caliber rifle, serial number 99921; 126. Springfield Armory, Geneseo, IL.,.30 caliber rifle, serial number 948602; 127. Smith & Wesson,.38 caliber pistol, serial number D188612; 128. Hege, 9mm caliber pistol, serial number BC10110; 129. Beretta,.22 caliber pistol, serial number DAA404980; 130. Ruger,.30 caliber revolver, serial number 5141883; 131. Harrington & Richardson, 20 gauge shotgun, serial number AG211768; 132. Golden State Arms,.3006 caliber rifle, serial number FG96831; 133. Red Rock Arms (Bobcat Weapons, Inc.), 9mm caliber pistol, serial number 16

BBA020P; 134. High Standard,.22 caliber pistol, serial number 1972715; 135. High Standard,.22 caliber pistol, serial number 1988355; 136. Winchester,.22 caliber rifle, serial number 429231; 137. Ruger,.45 caliber revolver, serial number 4805109; 138. Harrington & Richardson,.32 caliber revolver, serial number A83238; 139. Smith & Wesson,.38 caliber revolver; serial number V464318; 140. S.W.D., 9mm caliber pistol, serial number 880004217; 141. R.P.B. Industries, Inc., 9mm caliber pistol, serial number 810009015; 142. Charter Arms,.22 caliber rifle, serial number A272197; 143. Beretta,.25 caliber pistol, serial number BU39592V; 144. A.W.C. Systems Technology,.380 caliber silencer, serial number 070468; 145. Winchester,.22 caliber rifle, serial number 19233; 146. Bushmaster Firearms,.223 caliber pistol, serial number D04506; 147. Advanced Armament Co.,.22 caliber silencer, serial number SA6357; 148. Kahr Arms,.45 caliber pistol, serial number SD1533; 149. Steyr Firearms,.308 caliber rifle, serial number 57912; 150. Remington Arms Company, Inc., 12 gauge shotgun, serial number 0515337112R; 151. Coastal Guns Inc., M.I.M.S. 9mm caliber silencer, serial number M90368; 152. A.W.C. Systems Technology,.45 caliber silencer, serial number 061387; 153. Intratec, 9mm caliber pistol, serial number 43220; in violation of Title 18, United States Code, Section 922(g),and 924(a)(2). 17

release; however, if found to have three prior violent felony or serious drug offense convictions, then nlt 15 yrs, nmt $250,000 fine, or both, nmt 5yrs supervised release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. COUNT 16 On or about 7, 2009, in the Western District of Tennessee, the defendant, DONALD FLOYD CHERRY did knowingly possess a machine gun, more specifically described as: 1. Uzi type, 9mm caliber machine gun, bearing serial number 7733027; 2. Israel Weapon INDIWI (Israel Military INDIWI), Uzi, 9mm caliber machine gun, serial number UP00801; 3. R.P.B. Industries, 9mm caliber machine gun, serial number 810009013; 4. S.W.D.,.380 caliber machine gun, serial number 853800725; 5. Military Armament Corp.,.45 caliber machine gun, serial number 13006678; 6. Thompson/Center Arms Co.,.45 caliber machine gun, serial number 714079; 7. Unknown manufacturer, 9mm caliber machine gun, serial number 5794216; 8. Unknown manufacturer,.45 caliber machine gun, serial number GLC153432; in violation of Title 18, United States Code, Sections 922(o) and 924(a)(2). release, together with a mandatory special assessment of $100; see 18 U.S.C. 3013 (a)]. 18

A TRUE BILL F O R E P E R S O N DATE: ASSISTANT UNITED STATES ATTORNEY 19